This excerpt was taken from New York State Consolidated Laws - Education- PART I -
COMPULSORY EDUCATION and presented for general information purposes as a public service.
Readers are advised to consult McKinney's Consolidated Laws of New York for the official
exposition of the text of this law and any subsequent changes or revisions.

Section 3214. Student placement, suspensions and transfers.

1. School delinquent. A minor under seventeen years of age, required
by any of the provisions of part one of this article to attend upon instruction, who is an
habitual truant from such instruction or is irregular in such attendance or insubordinate
or disorderly or disruptive or violent during such attendance, is a school delinquent.

2. Special day schools. The school authorities of any city or school
district may establish schools or set apart rooms in public school buildings for the
instruction of school delinquents, and fix the number of days per week and the hours per
day of required attendance, which shall not be less than is required of minors attending
the full time day schools.

2-a. a. Violent pupil. For the purposes of this section, a violent pupil
is an elementary or secondary student under twenty-one years of age who:
(1) commits an act of violence upon a teacher, administrator or other school employee;
(2) commits, while on school district property, an act of violence upon another student or
any other person lawfully upon said property;
(3) possesses, while on school district property, a gun, knife, explosive or incendiary
bomb, or other dangerous instrument capable of causing physical injury or death;
(4) displays, while on school district property, what appears to be a gun, knife,
explosive or incendiary bomb or other dangerous instrument capable of causing death or
physical injury;
(5) threatens, while on school district property, to use any instrument that appears
capable of causing physical injury or death; (6) knowingly and intentionally damages or
destroys the personal property of a teacher, administrator, other school district employee
or any person lawfully upon school district property; or
(7) knowingly and intentionally damages or destroys school district property. b. Disruptive pupil. For the purposes of this section, a disruptive pupil
is an elementary or secondary student under twenty-one years of age who is substantially
disruptive of the educational process or substantially interferes with the teacher`s
authority over the classroom.

3. Suspension of a pupil. a. The board of education, board of trustees or sole trustee, the
superintendent of schools, district superintendent of schools or principal of a school may
suspend the following pupils from required attendance upon instruction: A pupil who is
insubordinate or disorderly or violent or disruptive,or whose conduct otherwise endangers
the safety, morals, health or welfare of others.

b. (1) The board of education, board of trustees, or sole trustee,
superintendent of schools, district superintendent of schools and the principal of the
school where the pupil attends shall have the power to suspend a pupil for a period not to
exceed five school days. In the case of such a suspension, the suspending authority shall
provide the pupil with notice of the charged misconduct. If the pupil denies the
misconduct, the suspending authority shall provide an explanation of the basis for the
suspension. The pupil and the person in parental relation to the pupil shall, on request,
be given an opportunity for an informal conference with the principal at which the pupil
and/or person in parental relation shall be authorized to present the pupil`s version of
the event and to ask questions of the complaining witnesses. The aforesaid notice and
opportunity for an informal conference shall take place prior to suspension of the pupil
unless the pupil`s presence in the school poses a continuing danger to persons or property
or an ongoing threat of disruption to the academic process, in which case the pupil`s
notice and opportunity for an informal conference shall take place as soon after the
suspension as is reasonably practicable.
(2) A teacher shall immediately report and refer a violent pupil to the principal or
superintendent for a violation of the code of conduct and a minimum suspension period
pursuant to section twenty-eight hundred one of this chapter.

c. (1) No pupil may be suspended for a period in excess of five school
days unless such pupil and the person in parental relation to such pupil shall have had an
opportunity for a fair hearing, upon reasonable notice, at which such pupil shall have the
right of representation by counsel, with the right to question witnesses against such
pupil and to present witnesses and other evidence on his behalf. Where a pupil has been
suspended in accordance with this section by a superintendent of schools, district
superintendent of schools, community superintendent or principal of a school, the
superintendent shall personally hear and determine the proceeding or may, in his
discretion, designate a hearing officer to conduct the hearing. The hearing officer shall
be authorized to administer oaths and to issue subpoenas in conjunction with the
proceeding before him. A record of the hearing shall be maintained, but no stenographic
transcript shall be required and a tape recording shall be deemed a satisfactory record.
The hearing officer shall make findings of fact and recommendations as to the appropriate
measure of discipline to the superintendent. The report of the hearing officer shall be
advisory only, and the superintendent may accept all or any part thereof. An appeal will
lie from the decision of the superintendent to the board of education who shall make its
decision solely upon the record before it.The board may adopt in whole or in part the
decision of the superintendent of schools. Where the basis for the suspension is, in whole
or in part, the possession on school grounds or school property by the student of any
firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,stiletto or any of the
weapons, instruments or appliances specified in subdivision one of section 265.01 of the
penal law, the hearing officer or superintendent shall not be barred from considering the
admissibility of such weapon, instrument or appliance as evidence, notwithstanding a
determination by a court in a criminal or juvenile delinquency proceeding that the
recovery of such weapon, instrument or appliance was the result of an unlawful search or
seizure.
(2) Where a pupil has been suspended in accordance with this section by a board of
education, the board may in its discretion hear and determine the proceeding or appoint a
hearing officer who shall have the same powers and duties with respect to the board that a
hearing officer has with respect to a superintendent where the suspension was ordered by
him. The findings and recommendations of the hearing officer conducting the proceeding
shall be advisory and subject to final action by the board of education, each member of
which shall before voting review the testimony and acquaint himself with the evidence in
the case. The board may reject, confirm or modify the conclusions of the hearing officer.

d. Consistent with the federal gun-free schools act of nineteen hundred
ninety-four, any public school pupil who is determined under this subdivision to have
brought a weapon to school shall be suspended for a period of not less than one calendar
year and any nonpublic school pupil participating in a program operated by a public school
district using funds from the elementary and secondary education act of nineteen hundred
sixty-five who is determined under this subdivision to have brought a weapon to a public
school or other premises used by the school district to provide such programs shall be
suspended for a period of not less than one calendar year from participation in such
program. The procedures of this subdivision shall apply to such a suspension of a
nonpublic school pupil. A superintendent of schools, district superintendent of schools or
community superintendent shall have the authority to modify this suspension requirement
for each student on a case-by-case basis. The determination of a superintendent shall be
subject to review by the board of education pursuant to paragraph c of this subdivision
and the commissioner pursuant to section three hundred ten of this chapter. Nothing in
this subdivision shall be deemed to authorize the suspension of a student with a
disability in violation of the individuals with disabilities education act or article
eighty-nine of this chapter. A superintendent shall refer the pupil under the age of
sixteen who has been determined to have brought a weapon to school in violation of this
subdivision to a presentment agency for a juvenile delinquency proceeding consistent with
article three of the family court act except a student fourteen or fifteen years of age
who qualifies for juvenile offender status under subdivision forty-two of section 1.20 of
the criminal procedure law. A superintendent shall refer any pupil sixteen years of age or
older or a student fourteen or fifteen years of age who qualifies for juvenile offender
status under subdivision forty-two of section1.20 of the criminal procedure law, who has
been determined to have brought a weapon to school in violation of this subdivision to the
appropriate law enforcement officials.

e. Procedure after suspension. Where a pupil has been suspended pursuant to this
subdivision and said pupil is of compulsory attendance age, immediate steps shall be taken
for his or her attendance upon instruction elsewhere or for supervision or detention of
said pupil pursuant to the provisions of article seven of the family court act. Where a
pupil has been suspended for cause, the suspension may be revoked by the board of
education whenever it appears to be for the best interest of the school and the pupil to
do so.

f. Whenever the term "board of education or superintendent of
schools" is used in this subdivision, it shall be deemed to include community boards
of education and community superintendents governing community districts in accordance
with the provisions of article fifty-two-A of this chapter. For the purpose of this
subdivision, the term "weapon" means a firearm as such term is defined in
section nine hundred twenty-one of title eighteen of the United States code.

g. Discipline of students with disabilities and students presumed to have
a disability for discipline purposes.
(1) Notwithstanding any other provision of this subdivision to the contrary, a student
with a disability as such term is defined in section forty-four hundred one of this
chapter and a student presumed to have a disability for discipline purposes, may be
suspended or removed from his or her current educational placement for violation of school
rules only in accordance with the procedures established in this section, the regulations
of the commissioner implementing this paragraph, and subsection (k) of section fourteen
hundred fifteen of title twenty of the United States code and the federal regulations
implementing such statute, as such federal law and regulations are from time to time
amended. Nothing in this paragraph shall be construed to confer greater rights on such
students than are conferred under applicable federal law and regulations, or to limit the
ability of a school district to change the educational placement of a student with a
disability in accordance with the procedures in article eighty-nine of this chapter.
(2) As used in this paragraph, a "student presumed to have a disability for
discipline purposes" shall mean a student who the school district is deemed to have
knowledge was a student with a disability before the behavior that precipitated
disciplinary action under the criteria in subsection (k)(8) of section fourteen hundred
fifteen of title twenty of the United States code and the federal regulations implementing
such statute.
(3) In applying the federal law consistent with this section:
(i) in the event of a conflict between the procedures established in this section and
those established in subsection (k) of section fourteen hundred fifteen of title twenty of
the United States code and the federal regulations implementing such statute, such federal
statute and regulations shall govern.
(ii) the trustees or board of education of any school district, a district superintendent
of schools or a building principal delegated authority to suspend students pursuant to
this subdivision, shall have authority to order the placement of a student with a
disability into an appropriate interim alternative educational setting, another setting or
suspension for a period not to exceed five consecutive school days where such student is
suspended pursuant to this subdivision and, except as otherwise provided in clause (vi) of
this subparagraph, the suspension does not result in a change in placement under federal
law.
(iii) the superintendent of schools of a school district, either directly or upon
recommendation of a hearing officer designated pursuant to paragraph c of this
subdivision, may order the placement of a student with a disability into an interim
alternative educational setting, another setting or suspension for up to ten consecutive
school days, inclusive of any period in which the student is placed in an appropriate
interim alternative educational placement, another setting or suspension pursuant to
clause (ii) of this subparagraph for the behavior, where the superintendent determines in
accordance with the procedures set forth in this subdivision that the student has engaged
in behavior that warrants a suspension, and, except as otherwise provided in clause (vi)
of this subparagraph, the suspension does not result in a change in placement under
federal law.
(iv) the superintendent of schools of a school district, either directly or upon
recommendation of a hearing officer designated pursuant to paragraph c of this
subdivision, may order the change in placement of a student with a disability to an
interim alternative educational setting for up to forty-five days, but not to exceed the
period of suspension ordered by a superintendent in accordance with this subdivision,
under the circumstances specified in subsection (k)(1) of section fourteen hundred fifteen
of title twenty of the United States code and the federal regulations implementing such
statute.
(v) the terms "day," "business day," and "school day" shall
be as defined in section 300.9 of title thirty-four of the code of federal regulations.
(vi) notwithstanding any other provision of this subdivision to the contrary, upon a
determination by the committee on special education that the behavior of a student with a
disability was not a manifestation of the student`s disability, such student may be
disciplined pursuant to this section in the same manner as a nondisabled student, except
that such student shall continue to receive services to the extent required under federal
law and regulations.
(vii) an impartial hearing officer appointed pursuant to subdivision one of section
forty-four hundred four of this chapter may order a change in placement of a student with
a disability to an appropriate interim alternative educational setting for not more than
forty-five days under the circumstances specified in subsections (k)(2) and (k)(7)of
section fourteen hundred fifteen of title twenty of the United States code and the federal
regulations implementing such statutes, provided that such procedure may be repeated, as
necessary.
(viii) nothing in this section shall be construed to authorize the suspension or removal
of a student with a disability from his or her current educational placement for violation
of school rules following a determination by the committee on special education that the
behavior is a manifestation of the student`s disability, except as authorized under
federal law and regulations.
(ix) the commissioner shall implement this paragraph by adopting regulations which
coordinate the procedures required for discipline of students with disabilities, and
students presumed to have a disability for discipline purposes, pursuant to subsection (k)
of section fourteen hundred fifteen of title twenty of the United States code and the
federal regulations implementing such statute, with the general procedures for student
discipline under this section.

3-a. Teacher removal of a disruptive pupil. In addition, any teacher
shall have the power and authority to remove a disruptive pupil, as defined in subdivision
two-a of this section, from such teacher`s classroom consistent with discipline measures
contained in the code of conduct adopted by the board pursuant to section twenty-eight
hundred one of this chapter. The school authorities of any school district shall establish
policies and procedures to ensure the provision of continued educational programming and
activities for students removed from the classroom pursuant to this subdivision and
provided further that nothing in this subdivision shall authorize the removal of a pupil
in violation of any state or federal law or regulation. No pupil shall return to the
classroom until the principal makes a final determination pursuant to paragraph c of this
subdivision, or the period of removal expires,whichever is less.

a. Such teacher shall inform the pupil and the school principal of the
reasons for the removal. If the teacher finds that the pupil`s continued presence in the
classroom does not pose a continuing danger to persons or property and does not present an
ongoing threat of disruption to the academic process, the teacher shall, prior to removing
the student from the classroom, provide the student with an explanation of the basis for
he removal and allow the pupil to informally present the pupil`s version of relevant
events. In all other cases, the teacher shall provide the pupil with an explanation of the
basis for the removal and an informal opportunity to be heard within twenty-four hours
of the pupil`s removal.

b. The principal shall inform the person in parental relation to such
pupil of the removal and the reasons therefor within twenty-four hours of the pupil`s
removal. The pupil and the person in parental relation shall, upon request, be given an
opportunity for an informal conference with the principal to discuss the reasons for the
removal. If the pupil denies the charges, the principal shall provide an explanation of
the basis for the removal and allow the pupil and/or person in parental relation to the
pupil an opportunity to present the pupil`s version of relevant events. Such
informal hearing shall be held within forty-eight hours of the pupil`s removal.

c. The principal shall not set aside the discipline imposed by the
teacher unless the principal finds that the charges against the pupil are not supported by
substantial evidence or that the pupil`s removal is other wise in violation of law or that
the conduct warrants suspension from school pursuant to this section and a suspension will
be imposed. The principal`s determination made pursuant to this paragraph shall be made by
the close of business on the day succeeding the forty-eight hour period for an informal
hearing contained in paragraph b of this subdivision.

d. The principal may, in his or her discretion, designate a school
district administrator, to carry out the functions required of the principal under this
subdivision.

4. Expense. a. The expense attending the commitment and costs of maintenance of any
school delinquent shall be a charge against the city or district where he resides, if such
city or district employs a superintendent of schools; otherwise it shall be a county
charge.

b. The school authorities may institute proceedings before a court having
jurisdiction to determine the liability of a person in parental relation to contribute
towards the maintenance of a school delinquent under sixteen years of age ordered to
attend upon instruction under confinement. If the court shall find the person in parental
relation able to contribute towards the maintenance of such a minor, it may issue an order
fixing the amount to be paid weekly.

5. Involuntary transfers of pupils who have not been determined to be a
student with a disability or a student presumed to have a disability for discipline
purposes.

a. The board of education, board of trustees or sole trustee, the
superintendent of schools, or district superintendent of schools may transfer a pupil who
has not been determined to be a student with a disability as defined in section forty-four
hundred one of this chapter, or a student presumed to have a disability for discipline
purposes as defined in paragraph g of subdivision three of this section from regular
classroom instruction to an appropriate educational setting in another school upon the
written recommendation of the school principal and following independent review
thereof. For purposes of this section of the law, "involuntary transfer" does
not include a transfer made by a school district as part of a plan to reduce racial
imbalance within the schools or as a change in school attendance zones or geographical
boundaries.

b. A school principal may initiate a nonrequested transfer where it is
believed that such a pupil would benefit from the transfer, or when the pupil would
receive an adequate and appropriate education in another school program or facility. No
recommendation for pupil transfer shall be initiated by the principal until such pupil and
a person in parental relation has been sent written notification of the consideration of
transfer recommendation.Such notice shall set a time and place of an informal conference
with the principal and shall inform such person in parental relation and such pupil of
their right to be accompanied by counsel or an individual of their choice.

c. After the conference and if the principal concludes that the pupil
would benefit from a transfer or that the pupil would receive an adequate and appropriate
education in another school program or facility, the principal may issue a recommendation
of transfer to the superintendent. Such recommendation shall include a description of
behavior and/or academic problems indicative of the need for transfer; a description of
alternatives explored and prior action taken to resolve the problem. A copy of that letter
shall be sent to the person in parental relation and to the pupil.

d. Upon receipt of the principal`s recommendation for transfer and a
determination to consider that recommendation, the superintendent shall notify the person
in parental relation and the pupil of the proposed transfer and of their right to a fair
hearing as provided in paragraph c of subdivision three of this section and shall list
community agencies and free legal assistance which may be of assistance. The written
notice shall include a statement that the pupil or person in parental relation has ten
days to request a hearing and that the proposed transfer shall not take effect, except
upon written parental consent, until the ten day period has elapsed, or, if a fair hearing
is requested, until after a formal decision following the hearing is rendered, whichever
is later. Parental consent to a transfer shall not constitute a waiver of the right to a
fair hearing.

6. Transfer of a pupil. Where a suspended pupil is to be transferred
pursuant to subdivision five of this section, he or she shall remain on the register of
the original school for two school days following transmittal of his or her records to the
school to which he or she is to be transferred. The receiving school shall immediately
upon receiving those records transmitted by the original school, review them to insure
proper placement of the pupil. Staff members who are involved in the pupil`s education
must be provided with pertinent records and information relating to the background and
problems of the pupil before the pupil is placed in a classroom.